School Attendance (Legal Action) - Information for Parents

To avoid Legal Action being taken against you for failing to

ensure your child/ren attend school regularly, you are advised  Section 23(1) Anti-Social Behaviour Act 2007:
of the following: Penalty notices may be issued to the parent of pupils who have
- Ensure your child attends school every day it is open, on time, unauthorised absence from school. The amount of the penalty is
£60.
escorting them into school if necessary and handing them over
o If this is not paid within 21 days the amount rises to
to a member of staff. (Please be aware your child will get an £120.
unauthorised absence mark when they arrive after o If not paid within 28 days the Local Authority may
registration closes. prosecute under section 444(1) unless it comes to our
- Contact school on the first day of every absence by 9.30am attention that the penalty notice had been issued in error.
stating the reason for absence and the likely return date.
 Section 444(1) Education Act 1996:
- Take your child to the doctor if unwell and provide the school “If you are the parent of a child of compulsory school age who fails to
with: medical appointment card with one appointment entered, attend school regularly, you are guilty of an offence.”
letter from a professional, doctor’s note, medication prescribed o The court can fine each parent up to £1,000 per child,
by a doctor, copy of prescription, print screen of medical notes, order payment of the prosecution costs and/or make a
as well as letters concerning hospital appointments or any other Parenting Order.
relevant evidence.  Section 444(1A) Education Act 1996:
The Head Teacher will not authorise medical absence without “If in the above circumstances you, the parent, know that your child
evidence. is failing to attend regularly at the school and fail without reasonable
justification to cause him/her to attend, you are guilty of an offence.”
How does your child compare? o The court can fine you up to £2,500 per child and/or
sentence you to a period of imprisonment of up to 3
which means months, and order payment of the prosecution costs.
Attendance equals this which is
this number
during one school number of approximately this Please note that:
of lessons
year days absent many weeks absent
missed  Penalties and prosecutions are in respect of each parent
for each child.
95% 9 days 2 weeks 50 lessons
 ‘Parent’ includes any person who is not a parent of the
child but who has parental responsibility for the child (and
90% 19 days 4 weeks 100 lessons applies whether or not that person lives with the child) or
who has care of him/her.
85% 29 days 6 weeks 150 lessons
These prosecutions are criminal proceedings
©Frequent
Birminghamabsence
City Councilcan and could result in you having a criminal record.
add up to a considerable amount of lost learning and
can seriously disadvantage your child in adult life.